Terms and conditions

1.1 In these General Terms and Conditions of Trucks.nl B.V., operating under the trade names TrucksNL, TradeWorld, Tnl Business and B2B Audience (hereinafter collectively or individually referred to as "TrucksNL") the following terms shall have the following meaning:

• TrucksNL: the online platform TrucksNL and its websites. This is where supply and demand for vehicles, machines and parts come together. TrucksNL also offers complementary products and services.

• TradeWorld: an online tool for merchants to manage inventory, place ads and use sales support.

• Products and Services: advertising space, marketing opportunities, domain names, online marketing services, data, links to other platforms, Trade Management System and corporate websites.
  The purchase of Products and/or Services (hereinafter referred to collectively or separately as "Product") are set forth in a contract.

• Customer: Any person or organization that enters into an agreement with TrucksNL.

• Agreement: The agreement between TrucksNL and a Customer which specifies which Products and Services will be provided.

• Websites:

  • TrucksNL website; the domains www.trucks.nl, www.trucksnl.com and www.trucksnl.be including subdomains.

  • TradeWorld website; the domain tradeworld.eu including subdomains.

Hereinafter referred to collectively or individually as "Website"

1.2 These General Terms and Conditions apply to all Agreements and for any use of TrucksNL's Products.

1.3 An Agreement shall come into effect after both parties have signed this Agreement drawn up by TrucksNL.

1.4 Every Agreement, even with Customers outside the Netherlands, shall be deemed to have been entered into with TrucksNL.

1.5 The submission of an application by a Customer shall constitute consent to these Terms and Conditions.

1.6 Deviations from these terms and conditions are valid only if agreed in writing. General terms and conditions of the Customer are expressly rejected.

1.7 If any provision is found to be invalid or nullified, the remaining provisions shall remain valid. The provision in question will be replaced by a new provision that is as close as possible to the intent of the original text.

1.8 TrucksNL shall be entitled to amend these General Terms and Conditions at any time.

2.1 TrucksNL brings providers and buyers together through its websites. TrucksNL has a facilitating role and is not a party to the agreement between the Buyer and third parties. TrucksNL is neither responsible nor liable for the contract between the Customer and third parties.

2.2 TrucksNL also provides separate Products, such as corporate websites for third parties, online marketing campaigns and the provision of data, audiences and/or leads.

2.3 TrucksNL takes care of the content of its websites, but cannot guarantee any information posted by third parties.

2.4 Periodic maintenance may result in temporary unavailability of the Website. Only in case of prolonged problems can (partial) refund of subscription fees take place. There will never be any compensation in this situation.

2.5 TrucksNL may register domain names. In the event of non-compliance with obligations, TrucksNL may change, allow them to expire or cancel them.

3.1 Use of Products is only possible through an Agreement, unless it is a one-time product.

3.2 When entering into an Agreement (digitally), the data provided must be correct and complete. The Customer guarantees its accuracy.

3.3 The Customer fully guarantees the accuracy of all information provided in advertisements placed on TrucksNL.

3.4 By signing the Agreement, the Customer declares that it has the authority and decision-making power to enter into the Agreement, and that there is authority to provide the Customer's data.

3.5 After signing the Agreement, digitally or in writing, the Product starts. When purchasing a Product online, the Agreement starts upon receipt of payment.

3.6 TrucksNL may refuse or terminate an Agreement without giving reasons.

3.7 Personal data will only be used for the purpose for which it has been provided. TrucksNL will not use this data for any other purpose. See Privacy Statement.

3.8 TrucksNL may modify, shorten or refuse advertisements if they contravene the law, these General Terms and Conditions or the objectives of TrucksNL without thereby incurring any liability for compensation.

3.9 The Website contains references to websites of third parties. TrucksNL is not responsible for their content.

3.10 Specific Products may be subject to additional charges, which will be shown in advance or stated on the Agreement.

3.11 TrucksNL excludes liability for damages suffered by a Customer due to

• Use of a specific Product;

• Inaccurate information on the Website;

• Purchase of third-party products;

• Changes to TrucksNL Products.

4.1 An Agreement is valid for a term of at least one year, unless otherwise agreed in writing. The notice period is at least 2 months before the end date of the Agreement. Without notice, the Agreement is automatically extended by one year.

4.2 Notice of termination must be submitted in writing by sending an email to stop@trucks.nl.

4.3 The Agreement may be terminated immediately, without written notice of default or judicial intervention, upon

• Bankruptcy;

• Suspension of payments;

• Loss of power of disposition.

5.1 Prices are subject to chosen Products. Invoices must be paid on time, or by direct debit.

5.2 The prices mentioned on the Website of TrucksNL are exclusive of VAT.

5.3 The Customer may issue a direct debit authorization, whereby the Customer must ensure sufficient balance in the collection account. If a direct debit fails, the Customer is immediately in default.

5.4 In the event of unsuccessful collection, statutory interest plus a €10 penalty shall apply for each violation of the payment terms.

5.5 Upon notice of default or default, the (extra)judicial collection costs, based on the Collection Costs Act (WIK), shall be borne by the Customer (minimum €100).

5.6 The fixed and one-time costs arising from the Agreement shall be paid in advance. Compensation for any additional work will be paid in arrears.

5.7 In the event of liquidation, bankruptcy or suspension of payments of the Customer, the claims shall be immediately due and payable.

5.8 In the event of payment default, TrucksNL may immediately discontinue the provision of services to the Customer without any obligation to pay.

5.9 After a (overdue) payment has been made, TrucksNL shall assess whether resumption of the Agreement is possible.

5.10 TrucksNL is entitled to make technical, functional and price adjustments to its Products. At least 30 days' prior notice shall be given of price adjustments.

6.1 Information about Products, such as specifications, prices and availability can be found on the TrucksNL website and TradeWorld website.

6.2 The Product pages contain descriptions, features, prices and other relevant information.

6.3 TrucksNL is entitled to change, limit or extend Products and the information about the Products.

7.1 Customer warrants that:

• Advertisements do not violate laws and regulations;

• Advertisements are not unlawful towards third parties;

• Ads do not offend or harass individuals;

• Advertisements are truthful and that the images are original, unedited and freely placeable;

• The reputation, interests and honor of TrucksNL will not be harmed.

7.2 The Customer shall indemnify TrucksNL against any claim or claims by third parties based on any infringement by the Customer of third party rights to their intellectual property.

7.3 The Agreement, the Products referred to therein and any ensuing rights between TrucksNL and the Customer are personal and may not be transferred to third parties without permission (for payment) unless agreed in writing.

7.4 In the event of a breach of the General Terms and Conditions, TrucksNL may terminate the use of Products and take (legal) action without giving rise to an obligation to pay.

8.1 All intellectual property rights of TrucksNL (website, texts, images, design, data files, sound, trademarks) belong to TrucksNL and/or its licensors.

8.2 Texts of Customers remain the intellectual property of the Customer.

8.3 The Customer shall indemnify TrucksNL against claims by third parties based on infringement by the Customer of the intellectual property of third parties.

8.4 The Customer is responsible for defending itself against such claims.

9.1 In the event of force majeure, TrucksNL is not required to fulfill any obligations.

9.2 Force majeure excludes compensation and dissolution of the Agreement by the Customer.

9.3 Force majeure shall include all circumstances beyond the control of TrucksNL, including Internet failures and strikes.

10.1 Complaints about Products or the Website must be made in writing or by e-mail (info@trucks.nl) must be submitted and substantiated. TrucksNL will respond within 14 days and will take appropriate action if complaints are deemed justified.

10.2 Complaints relating to fraud, deception or embezzlement by third parties may be reported to TrucksNL, so that TrucksNL may - as far as reasonably possible - cooperate with investigations by the competent authorities. Such reports shall not entitle the Customer to compensation or liability of TrucksNL.

11.1 TrucksNL shall only be liable for damages in the event of intent or wilful recklessness on the part of TrucksNL. Damage shall be deemed to include costs reasonably incurred by the Customer.

11.2 TrucksNL shall never be liable for indirect damages, including consequential damages, lost profits, lost savings and loss of data.

11.3 TrucksNL shall not be liable for damages resulting from improper use of the Website or Products.

11.4 Liability is limited to the invoice amount of up to one billing period with a maximum of one year.

11.5 The Customer shall indemnify TrucksNL against claims by third parties regarding information posted.

11.6 TrucksNL shall not be responsible or liable for fraud, deception, swindle or other unlawful acts of third parties using the Website or the TrucksNL Products. The Customer remains solely responsible for checking their reliability.

12.1 All Agreements are governed by Dutch law. Even if a Customer is located abroad.

12.2 Disputes shall be submitted to the court in Arnhem, unless the parties agree otherwise.

12.3 The parties shall not appeal to court until they have attempted to resolve the dispute by mutual agreement or mediation.